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Offense is forgery. Victim is suffering from severe Alzheimers syndrome. Perp took checks (7) 5 do not appear to be filled out by victim. 2 have victim's signature but pay to order was not completed by victim. Has anyone had a case like this. How did you get around "to be the act of another who did not authorize the act."? | ||
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Member |
Has a guardianship been set up for the victim? Is there a Durable Statutory Power of Attorney in effect that was prepared during a time when the victim was lucid? Is the victim still conducting his/her own financial affairs? You may have to prove the victim to be incompetent and incapable of giving effective consent as well as the fact that the defendant was aware of the mental health problem. | |||
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Member |
Good questions. His daughter has just taken over his finances due to his condition. She found the discrepancies. It is/was known that he would tear checks out of his check book and carry them around. He also had the practice of signing blank checks, so that his children could get money for any treatments he might need if he was incapacitated. The suspect/defendant in this case worked for a housecleaning service and should have been aware of his condition. Two of the checks are presigned, the suspects name is on the pay to order line. Writing on pay line and other 5 completed checks appears to be the same person. | |||
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